Jennings v. Todd
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) A negotiable note is a courier without luggage, whose countenance is its passport. Keck v. Brewing' Co., 22 Mo. App. 187, and authorities there cited. (2) Even if Bush knew that Jennings had a contract with Chase that if his company did not supply the books when called for, his note was to be voi'd, this could not affect Bush’s legal right to a verdict in this case.
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Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) A negotiable note is a courier without luggage, whose countenance is its passport. Keck v. Brewing' Co., 22 Mo. App. 187, and authorities there cited. (2) Even if Bush knew that Jennings had a contract with Chase that if his company did not supply the books when called for, his note was to be voi'd, this could not affect Bush’s legal right to a verdict in this case. For it is well settled by principle and weight of authority, that mere notice of facts such as would put a prudent person upon inquiry, is not sufficient to…
1Opinion of the Court
Macfaelane J.
This is a suit in equity to restrain defendant Todd as trustee from selling under a deed of trust certain real estate belonging to plaintiffs and to cancel a note made by them to Potter, Chase & Co. or order and held by defendant Bush as assignee.
The petition charges, in substance, that on the twenty-third day of October, 1888, plaintiff James I. Jennings entered into a contract in writing with Potter, Chase & Co. through C. J. Chase, a member of the firm, by which the said company appointed him agent to control and manage the sale of an illustrated edition of the New Testament,…
2Cases cited10 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Mayes v. RobinsonSupreme Court of Missouri · 1887
- Davis v. . McCreadyNew York Court of Appeals · 1858
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
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3Cited by49 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- First National Bank v. LeeperMissouri Court of Appeals · 1906
- Link v. JacksonMissouri Court of Appeals · 1911
- Flood v. PetryCalifornia Supreme Court · 1913
- Bank of Indian Territory v. First National BankMissouri Court of Appeals · 1904
44 more not listed; retrieve them via the Exa API.